Kaser v. Kaser
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Statement by Mr. Justice Moore. This is a suit by Elizabeth Kaser, administratrix, against Hannah M. Kaser, to establish an interest in personal property, and to require the defendant to execute an undertaking with sureties conditioned that such property shall, without waste or destruction, be delivered to plaintiff upon the death of the defendant.
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From Multnomah: Robert Gr. Morrow, Judge. Statement by Mr. Justice Moore. This is a suit by Elizabeth Kaser, administratrix, against Hannah M. Kaser, to establish an interest in personal property, and to require the defendant to execute an undertaking with sureties conditioned that such property shall, without waste or destruction, be delivered to plaintiff upon the death of the defendant. The complaint charges in effect that on June 11, 1911, J. R. Kaser died intestate, in Multnomah County. A copy, of his will is set forth, from which the following excerpts are taken: “First. I give, devise…
1Opinion of the CourtJustice Moore
The only question to be considered is whether or not the plaintiff, as the administratrix of the estate of Clarence Kaser, deceased, has any interest in the personal property of the testator’s estate, after the determination of the defendant’s life interest in the property the use of which did not result in a consumption thereof.
‘ ‘ Originally, where a chattel mortgage or other personal estate,” says Mr. Justice Mulicey, in Welsch v. Belleville Savings Bank, 94 Ill. 191, 204, “was given to one for life with a limitation over to another, the former took the absolute title, and the limitation…
2Cases cited5 opinions
- Welsch v. Belleville Savings BankIllinois Supreme Court · 1879
- Jasper v. JasperOregon Supreme Court · 1889
- Shadden v. HembreeOregon Supreme Court · 1888
- Portland Trust Co. v. BeatieOregon Supreme Court · 1898
- Buchanan v. SchuldermanOregon Supreme Court · 1883
3Cited by15 opinions
- Gildersleeve v. LeeOregon Supreme Court · 1921
- Imbrie v. HartrampfOregon Supreme Court · 1921
- Boehmer v. SilvestoneOregon Supreme Court · 1918
- Jorgensen v. PIONEER TRUST CO.Oregon Supreme Court · 1953
- In Re Estate of McCoyOregon Supreme Court · 1951
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